`
`
`571-272-7822
`Date Entered: November 16, 2016
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SIERRA WIRELESS AMERICA, INC., SIERRA WIRELESS, INC.,
`and RPX CORP.,
`Petitioner,
`
`v.
`
`M2M SOLUTIONS LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01823
`Patent 8,648,717 B2
`____________
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`Before KALYAN K. DESHPANDE, JUSTIN T. ARBES, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`
`
`IPR2015-01823
`Patent 8,648,717 B2
`
`
`Both parties request oral hearing pursuant to 37 C.F.R. § 42.70. Papers 34,
`35. The requests are GRANTED.
`Petitioner and Patent Owner request one hour per side. Paper 34, 3; Paper
`35, 1. Based on our review of the record, we determine that two hours of oral
`argument time, in total, is sufficient to address the issues in this proceeding.
`Accordingly, each party will have one hour of total argument time as requested.
`Petitioner bears the ultimate burden of proof that the claims at issue in this review
`are unpatentable (35 U.S.C. § 316(e)) and will proceed first to present its case with
`regard to the challenged claims on which we instituted trial. Thereafter, Patent
`Owner may respond to Petitioner’s case, after which Petitioner may use any of its
`remaining time for rebuttal.
`The hearing will commence at 10:00 AM Eastern Time, on December 5,
`2016, on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia, and it will be open to the public for in-person attendance. Attendees will
`be accommodated on a first come first serve basis.
`The Board will provide a court reporter for the hearing and the reporter’s
`transcript will constitute the official record of the hearing. Any demonstrative
`exhibits must be served seven business days before the hearing. 37 C.F.R.
`§ 42.70(b). Demonstrative exhibits are not evidence and may not introduce new
`evidence or arguments. Instead, demonstrative exhibits should cite to evidence in
`the record. The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate content of
`demonstrative exhibits. Any issue regarding demonstrative exhibits should be
`resolved at least three days prior to the hearing by way of a joint telephone
`conference call to the Board. The parties are responsible for requesting such a
`
`
`
`2
`
`
`
`IPR2015-01823
`Patent 8,648,717 B2
`
`conference sufficiently in advance of the hearing to accommodate this requirement.
`Any objection to demonstrative exhibits that is not timely presented will be
`considered waived. Demonstratives should be filed at the Board no later than two
`days before the hearing. A hard copy of the demonstratives should be provided to
`the court reporter at the hearing.
`Questions regarding specific audio-visual equipment should be directed to
`the Board at (571) 272-9797. Requests for audio-visual equipment are to be made
`5 days in advance of the hearing date. The request is to be sent
`to Trials@uspto.gov. If the request is not received timely, the equipment may not
`be available on the day of the hearing. The parties are reminded that the presenter
`must identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) referenced during the hearing to ensure the clarity and accuracy of
`the reporter’s transcript. The parties also should note that at least one member of
`the panel will be attending the hearing electronically from a remote location and
`that, if a demonstrative is not filed or otherwise made fully available or visible to
`the judge presiding over the hearing remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstrative exhibits
`would be sufficiently visible and available to all of the judges, the parties are
`invited to contact the Board at 571-272-9797.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel may present the party’s argument.
`If either party anticipates that its lead counsel will not be attending the oral
`argument, the parties should initiate a joint telephone conference with the Board no
`later than two business days prior to the oral hearing to discuss the matter.
`
`
`
`3
`
`
`
`
`
`
`
`IPR2015-01823
`Patent 8,648,717 B2
`
`FOR PETITIONER:
`
`Jennifer Hayes
`jenhayes@nixonpeabody.com
`patentsv@nixonpeabody.com
`
`Ronald F. Lopez
`rflopez@nixonpeabody.com
`
`
`
`
`FOR PATENT OWNER:
`
`Jeffrey Costakos
`jcostakos@foley.com
`
`Michelle Moran
`mmoran@foley.com
`
`
`
`
`
`4
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